Robert F. Kennedy Jr., a presidential candidate running as an independent, raised concerns about the motivations behind the prosecutions of individuals involved in the violent attack on the U.S. Capitol on Jan. 6, 2021. This viewpoint aligns with former President Donald Trump and his supporters.
Following criticism for a fundraising email that portrayed the rioters in a sympathetic light, Kennedy's campaign clarified that the email was a mistake and not reflective of Kennedy's personal beliefs.
The campaign attributed the controversial statement to a new marketing contractor and admitted it had not gone through the standard approval process. Subsequently, the campaign terminated its contract with the vendor.
In a subsequent statement, Kennedy maintained a similar stance, expressing worries about the potential political motivations driving the prosecution of the Jan. 6 defendants. He stated his concerns regarding the perceived intensity of the legal actions taken against the individuals involved in the Capitol riot.
He argued, "Reasonable people, including Trump opponents, tell me there is little evidence of a true insurrection. They observe that the protestors carried no weapons, had no plans or ability to seize the reins of government, and that Trump himself had urged them to protest 'peacefully.'"
CBS News' Scott MacFarlane, who has extensively covered the Jan. 6 prosecutions, pointed out that there were, in fact "many, many, many weapons carried by the protesters, including guns, knives, axes, batons, bats, sticks, flagpoles, pepper and bear spray and a tomahawk," and they used them to attack police who were trying to protect the Capitol.
Kennedy in his statement offer some criticism of Trump — stating that the attack on the Capitol happened with his "encouragement" and "in the context of his delusion that the election was stolen from him." Nonetheless, Kennedy said as president he would appoint a special counsel to look into whether Trump allies were unfairly singled out for prosecution, "and I will right any wrongs that we discover."
Trump often refers to those convicted for the Jan. 6 attack "hostages" and has promised to pardon them if he wins back the White House.
Kennedy later retracted his claim that most protesters carried no weapons, releasing another statement Friday evening that said, "My understanding that none of the January 6 rioters who invaded the capitol were carrying firearms was incorrect. Several have been convicted of carrying firearms into the Capitol building. Others assaulted Capitol police with pepper spray, bludgeons, and other makeshift weapons."
"This behavior is inexcusable," he added. "I have never minimized or dismissed the seriousness of the riot or any crime committed on that day."
The violence on Jan. 6 was extensive. The mob of Trump supporters stormed past police barriers, engaged in hand-to-hand combat with officers, smashed windows and poured into the Capitol building, sending lawmakers running into hiding.
A makeshift gallows was photographed outside the Capitol the day of the attack and some chanted "Hang Mike Pence." Rioters roamed the halls, calling out, "Where are you, Nancy?" referring to Democratic Rep. Nancy Pelosi, the House speaker at the time.
Police officers were bruised and bloodied as they were dragged into the crowd and beaten. One officer was crushed in a doorframe and another suffered a heart attack after a rioter pressed a stun gun against his neck and repeatedly shocked him.
More than 1,300 individuals are facing charges in connection with the Capitol attack, with around 500 of them accused of assaulting, resisting, or impeding officers. Approximately 1,000 have either pleaded guilty or been convicted of various crimes such as seditious conspiracy, assault, and civil disorder. Following trials, only two defendants have been acquitted of all charges, with judges making the decisions without a jury.
Out of the 800+ rioters who have been sentenced, at least 229 have been handed sentences of one year or more, based on a review of court records by the Associated Press. The most severe sentences have been given to leaders of extremist groups like the Oath Keepers and the Proud Boys, who were found guilty of seditious conspiracy after trials that revealed extensive planning to use force to disrupt the transfer of power from Trump to Biden.
Judges presiding over the cases in Washington's federal court have consistently emphasized that the rioters are facing consequences for their actions, not their political ideologies. Regardless of their political affiliations, judges appointed by presidents from both major parties have used their positions to combat misrepresentations about the attack and reprimand the rioters for portraying themselves as victims of political persecution.
According to Justice Department protocols, special counsels are appointed by the attorney general, not the president. Historically, special counsels have been tasked with investigating crimes rather than revisiting prosecutorial decisions made by Justice Department officials.
Kennedy portrayed Trump, who faces dozens of charges in four jurisdictions for various alleged crimes, as a victim of a politically motivated government, echoing both the former president's own characterization of the charges as corrupt and claims from Republicans in Congress that federal agencies are "weaponized" against conservatives.
"One can, as I do, oppose Donald Trump and all he stands for, and still be disturbed by the weaponization of government against him," Kennedy said.
Kennedy is a lawyer and activist known for fighting for environmental causes and rejecting the scientific consensus that vaccines are safe and effective. He has a fervent base of support among voters distrustful of the government and other institutions in American life, including the media, political parties, and corporations.
Democrats and their allies on the left have mobilized against Kennedy, the descendant of prominent Democrats from the most recognizable dynasty in U.S. politics, who they worry will split the anti-Trump coalition and help Trump to victory in November.
"There aren't two sides to violent rioters who assaulted police officers and tried to overthrow our democracy," said Matt Corridoni, a spokesperson for the Democratic National Committee. "Time and again, RFK Jr. has proven he's a spoiler for Donald Trump, whether it's having his candidacy propped up by Trump's largest donor or providing cover for Trump by downplaying the seriousness of January 6th."
